Norwalk, CA asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California

Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

2 Lawyer Answers
James L. Arrasmith
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  • Cannabis & Marijuana Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months later, there may be concerns regarding the timeliness and transparency of the employer's actions. Employers are typically expected to inform employees of positive drug test results in a prompt and clear manner.

Since you were terminated based on this delayed notification, it could raise questions about the fairness and legality of the termination. It's advisable to review your employment contract and the company's drug testing policy to understand your rights and any potential violations by the employer.

In cases like this, it's often beneficial to seek legal advice to evaluate your options. A lawyer can help you understand if there were any legal violations in your termination and guide you on the best course of action, including possible legal recourse.

Tim Akpinar
Tim Akpinar
  • Maritime Law Lawyer
  • Little Neck, NY

A: You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain details about the jurisdiction and court/arbitration system designated for the adjudication of disputes. Good luck

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